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Go Back   ECCIE Worldwide > General Interest > A Question of Legality
A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 10-03-2010, 07:18 AM   #1
TxBrandy
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Default Entrapment

I keep hearing/reading that Texas does not have an entrapment law. But according to the penal code it does.

http://matlock-law.typepad.com/the_b...e-of-th-1.html

Sec. 8.06. Entrapment

Updates from 2007 Legislative Session
are being added but not yet complete.
Sec. 8.06. Entrapment
(a) It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.
(b) In this section "law enforcement agent" includes personnel of the state and local law enforcement agencies as well as of the United States and any person acting in accordance with instructions from such agents.

I understand that first you have to admit to the crime in order to attempt the use of entrapment and that "whether the inducement was sufficient as it relates to the defendant, but whether as it would relate to the hypothetical law-abiding person"

Honestly.... can I show the court all of my overdue bills and loan payments to show that I as a hypothetical law-abiding person, would do this in order to keep my electric paid?

Yea I know... may be stretching it, especially if prosecution and judge never knew what it was like to find dinner out of a dumpster but still.. not the point.

Is there or is there not "entrapment laws" in Texas?
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Old 10-03-2010, 09:19 AM   #2
sky_wire
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Entrapment is a defense in Texas. I've never heard of it being used even once successfully in a prostitution case. You stand a better chance of going to trial and not testifying. Subpoena the vice cops' employment files. They are all the bottom of the barrel in the police department. The best strategy is to put the police on trial. Why no recording? Why no video? That strategy DOES work with juries.

DA's hate trying prostitution cases, which is good for them, because women never want to go to trial.
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